Friday, February 26, 2016

If they can't get you one way ....

As we worked through the budget bills from the House (HB30)
and Senate (SB30) we were pleased by the significant investment in public
education.The House provides a good bit
more than the governor had proposed in the introduced budget, and the Senate
just slightly less. This won't bring us back to 2009 funding levels (factoring in inflation), but it is a significant step in the right direction.

But there are always some things hidden among in the
phone-book like budget bills.Often, and
unfortunately, budgets do more than appropriate – they legislate.I have heard members of both parties decry
the practice, but both sides have been guilty of legislating in the budget.

HB30 includes a bill that we have been fighting all
session, and which is yet to pass, HB389.For those of you who have not been following closely this is the parental
choice savings account bill, which funnels funds away from public schools for
questionable educational purposes.

Interestingly, the budget also includes language
for HB8, the virtual school bill, but the budget clearly states, “This funding
is contingent on the passage of House Bill 8." There is no such contingency language for HB389.

So, if HB389 passes, and the Governor chooses to veto the
bill, he must also line item veto the budget provision, as well, to keep it
from going into effect.

Below is the offending budget amendment:

Item 139 #15h

Education

Direct Aid to Public Education Language

Language:

Page 144, after line 6, insert:

"40. Parental Choice Education
Savings Account Payments

A.1. The Department of Education is
directed to transfer ninety percent of the total of the state's share of the
per pupil amount of Standards of Quality, sales tax per pupil funding amount
and any applicable special education funding to a school division from which a parent
of an eligible kindergarten through grade eleven special education student who
has an individual education plan for the purpose of receiving special education
services and has applied and been approved for a Parental Choice Education Savings
account, pursuant to the passage of House Bill 389.

2. The resident school division shall
deposit the received eligible state funds defined in this item, 40.A.1., into
such Parental Choice Education Savings Account and such deposit shall be
contingent on approval of any prior submissions of required receipts and
invoices from such parents for the eligible education expenses for the
qualified eligible student.

3. Parents receiving such state funds
will be allowed to use the funds deposited in the

Parental Choice Savings Account solely
for one or more of the following expenses on behalf of the qualified student:
(i) tuition, fees, or required textbooks at a qualified school; (ii) educational
therapies or services for the qualified student from a practitioner or
provider, including paraprofessionals or educational aides; (iii) tutoring
services; (iv) curriculum; (v) tuition or fees for a private online learning
program; (vi) fees for a nationally standardized norm-referenced achievement
test, an Advanced Placement examination, or any examination taken to gain
admission to an institution of higher education; (vii) tuition fees or required
textbooks at an eligible institution; (viii) fees for management of the Savings
Account by firms selected by the Plan pursuant to subsection A of § 22.1-222.3;
(ix) services that are offered on a fee-for-service basis by a public
elementary or secondary school to the public, including classes and
extracurricular activities; (x) such insurance or surety bond payments as may
be required by the Virginia College Savings Plan Agency; or (xi)
transportation, consumable educational supplies, or any other goods or services
that are necessary for the provision of the qualified student's education
pursuant to § 22.1-254, in exchange for solely educating the qualifying
eligible student.

4. Each parent who expends any funds
from a Parental Choice Savings Account shall submit all applicable receipts and
invoices for such expenditures to the resident school division for review of
appropriateness of each expense and possible audit. Each resident school
division shall determine, based on the policies established by the Department
of Education pursuant to subsection F of § 22.1.222.3, the appropriateness of
the submitted receipts and invoices prior to considerations for a subsequent
renewal request.

Amendments to House Bill
30, as Introduced

112

5. The Department of Education and the
Virginia 529 College Savings Plan agencies shall be required to manage and
audit each Parental Choice Education Savings Account that approved parents have
established with an approved financial institution where accounts are maintained."

Explanation:

(This language amendment directs the
resident school division to deposit the appropriate state's share of SOQ, sales
tax and any applicable special education funding received from the Department
of Education for a qualifying student into an approved and established Parental
Choice Education Savings account. The amendment further direct the Department of
Education and the Virginia College Savings Plan agencies to manage and audit
such accounts.)